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S2152 - Details

S2152 - Summary

Extends the term of the lease of certain park lands and provides for the return of such park lands to the village of Round Lake upon the occurrence of certain conditions.

S2152 - Sponsor Memo

BILL NUMBER:S2152
TITLE OF BILL:
An act
to amend chapter 542 of the laws of 1997 relating to authorizing the
village of Round Lake in the town of Malta and county of Saratoga to
discontinue the use as such of certain park lands no longer needed for
park purposes and to lease the same, in relation to extending the
provisions thereof and providing for the return of such lands upon the
occurrence of certain conditions
PURPOSE:
In 1997, the State of New York granted the Village of Round Lake the
right, subject to approval by the village board, to lease a parcel of
park land for use by a public utility/personal wireless facility.
Pursuant to this law, the village of Round Lake then entered into an
option and lease agreement with Bell Atlantic Mobile for a term of
five years. Both parties subsequently agreed to renew said lease for
two additional five-year terms. Bell Atlantic Mobile expressed
interest in again extending the lease for five additional five-year
terms, while only one extension may be granted by the Village of
Round Lake pursuant to existing law. In addition to this remaining
available five-year term, this legislation would grant the village
board authority to renew said lease to accommodate the request by
Bell Atlantic Mobil.

SUMMARY OF PROVISIONS:
Section one changes the term for which park land located within the
village of Round Lake may be leased from twenty to forty years.
Further, the bill includes a provision requiring that said land be
"returned substantially to its previous state" to bring the
legislation in line with more recent alienation laws. To address the
pier foundations required for safety and compliance, the bill adopts
a standard decommissioning approach of requiring removal to at least
three feet below the surface.
EXISTING LAW:
Chapter 542 of the Laws of 1997.
JUSTIFICATION:
This change will allow the Village of Round Lake to continue receipt
of lease revenues, which must be used exclusively for the purchase of
new park land and/or the improvement of existing park land. Further,
such use of this land will have no negative impact on the
environment, and in fact will provide ecological benefits at the
expiration of lease terms.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Immediately.

S T A T E O F N E W Y O R K
________________________________________________________________________
2152
2011-2012 Regular Sessions
I N S E N A T E
January 18, 2011
___________
Introduced by Sen. McDONALD -- read twice and ordered printed, and when
printed to be committed to the Committee on Cultural Affairs, Tourism,
Parks and Recreation
AN ACT to amend chapter 542 of the laws of 1997 relating to authorizing
the village of Round Lake in the town of Malta and county of Saratoga
to discontinue the use as such of certain park lands no longer needed
for park purposes and to lease the same, in relation to extending the
provisions thereof and providing for the return of such lands upon the
occurrence of certain conditions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 542 of the laws of 1997 relating to authorizing the
village of Round Lake in the town of Malta and county of Saratoga to
discontinue the use as such of certain park lands no longer needed for
park purposes and to lease the same, is amended to read as follows:
Section 1. Notwithstanding any inconsistent provisions of general,
special or local law, rule or regulation to the contrary, the village of
Round Lake in the town of Malta and county of Saratoga, acting by and
through its village board, is hereby authorized and empowered to discon-
tinue as park land and to lease, for a term not in excess of [twenty]
FORTY years, the lands hereinafter described in section two of this act,
which had been acquired, reserved or designated by the village of Round
Lake for park and recreational purposes and are no longer needed for
said park purposes, for public utility/personal wireless facility
purposes for consideration equal to the fair market value of the inter-
est to be transferred, upon such terms and conditions as such board of
trustees may fix and determine.
S 2. The lands referred to in section one of this act to be discontin-
ued as park lands, which may be leased by the village of Round Lake
pursuant to the provisions of this act, are described more fully as
follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01607-01-1

S. 2152 2
PROPOSED LEASE PARCEL-PARCEL ONE
All that tract or parcel of land in the Village of Round Lake, County
of Saratoga and State of New York and being more particularly bounded
and described as follows:
Commencing at a point at its intersection with the property division
line between lands now or formerly of Whitehead Brothers Company as
described in Liber 954 of deeds at page 590 on the north and lands now
or formerly of Village of Round Lake as described in Liber 873 of deeds
at page 363 on the south; thence South 50°-32'-03" East, through said
lands now or formerly of Village of Round Lake, 19.92 feet to the point
of beginning of a proposed lease parcel; thence continuing through said
lands now or formerly of Village of Round Lake the following four (4)
courses and distances:
1) South 00°-00'-00" East, 50.00 feet to a point;
2) South 90°-00'-00" West, 50.00 feet to a point;
3) North 00°-00'-00" West, 50.00 feet to a point;
4) North 90°-00'-00" East, 50.00 feet to the point and place of begin-
ning and containing 2,500 square feet or 0.06 acres, more or less.
Subject to the right of the Village of Round Lake Board of Trustees,
in its sole discretion, to reasonably relocate the said boundaries to a
location of no larger size that will not interfere with existing and
proposed water improvements and will allow for the safe and proper
construction of a communications facility.
ACCESS AND UTILITY EASEMENT-PARCEL TWO
All that tract or parcel of land in the Village of Round Lake, County of
Saratoga and State of New York and being more particularly bounded and
described as follows:
Beginning at a railroad spike in the center of Washington Avenue at
the reputed center of Bangs Road, being the centerline of a 25 foot wide
access and utility easement, and running through lands now or formerly
of The Village of Round Lake the following sixteen (16) courses and
distances:
1) South 83°-06'-55" West, 201.09 feet to a point;
2) South 79°-01'-50" West, 38.92 feet to a point;
3) South 69°-48'-20" West, 30.46 feet to a point;
4) South 62°-58'-23" West, 399.19 feet to a point;
5) South 55°-12'-41" West, 40.21 feet to a point;
6) South 67°-31'-24" West, 40.91 feet to a point;
7) South 60°-12'-34" West, 82.27 feet to a point;
8) North 72°-49'-46" West, 70.82 feet to a point;
9) North 70°-30'-20" West, 37.44 feet to a point;
10) North 66°-14'-33" West, 47.41 feet to a point;
11) North 76°-19'-02" West, 27.65 feet to a point;
12) South 82°-26'-32" West, 27.65 feet to a point;
13) South 71°-49'-19" West, 96.64 feet to a point;
14) South 61°-40'-39" West, 26.42 feet to a point;
15) South 41°-23'-20" West, 26.42 feet to a point;
16) South 31°-14'-40" West, 37.14 feet to the point on the easterly
boundary of a proposed lease parcel and said point being 14.95 feet
distant southerly along said easterly boundary from the northeast corner
of said proposed lease parcel, and containing 30, 792 square feet or
0.71 acres, more or less.
S. 2152 3
Subject to the right of the Village of Round Lake Board of Trustees,
in its sole discretion, to reasonably relocate the access and utility
easement to a location that will not interfere with existing and
proposed water improvements and will allow for the safe and proper
construction of an access drive.
S 3. The net proceeds from the lease of the lands described in section
two of this act shall be used by the Village of Round Lake exclusively
for the purchase of additional park land [or] AND/OR the capital
improvement of existing park and recreational facilities within such
village.
S 4. SHOULD THE LEASED LANDS DESCRIBED IN SECTION TWO OF THIS ACT
CEASE TO BE USED FOR THE PURPOSE DESCRIBED IN SECTION ONE OF THIS ACT,
THE LEASE SHALL TERMINATE AND THOSE LANDS SHALL REVERT TO THE VILLAGE OF
ROUND LAKE FOR PUBLIC PARK AND RECREATIONAL PURPOSES. AT THE TIME OF
SUCH REVERSION, THE REMOVAL OF SUCH WIRELESS COMMUNICATIONS FACILITY
SHALL TAKE PLACE AND THE PROPERTY SHALL BE RETURNED SUBSTANTIALLY TO ITS
PREVIOUS STATE, CONSISTENT WITH PARKS AND RECREATIONAL PURPOSES.
NOTWITHSTANDING THE PREVIOUS SENTENCE, FOUNDATIONS AND OTHER UNDERGROUND
STRUCTURES LOCATED THREE FEET OR MORE BELOW GRADE SHALL REMAIN ON AND IN
THE PROPERTY UPON TERMINATION OF THE LEASE.
S 5. This act shall take effect immediately.
S 2. This act shall take effect immediately.

S2152A (ACTIVE) - Details

S2152A (ACTIVE) - Summary

Extends the term of the lease of certain park lands and provides for the return of such park lands to the village of Round Lake upon the occurrence of certain conditions.

S2152A (ACTIVE) - Sponsor Memo

BILL NUMBER:S2152A
TITLE OF BILL:
An act
to amend chapter 542 of the laws of 1997 relating to authorizing the
village of Round Lake in the town of Malta and county of Saratoga to
discontinue the use as such of certain park lands no longer needed for
park purposes and to lease the same, in relation to extending the
provisions thereof and providing for the return of such lands upon the
occurrence of certain conditions
PURPOSE:
In 1997, the State of New York granted the Village of Round Lake the
right, subject to approval by the village board, to lease a parcel of
park land for use by a public utility/personal wireless facility.
Pursuant to this law, the Village of Round Lake then entered into an
option and lease agreement with Bell Atlantic Mobile for a term of
five years. Both parties subsequently agreed to renew said lease for
two additional five-year terms. Bell Atlantic Mobile expressed
interest in again extending the lease for five additional five-year
terms, while only one extension may be granted by the village of
Round Lake pursuant to existing law. In addition to this remaining
available five-year term, this legislation would grant the village
board authority to renew said lease to accommodate the request by
Bell Atlantic Mobile.

SUMMARY OF PROVISIONS:
Section one changes the term for which park land located within the
Village of Round Lake may be leased from twenty to thirty years.
Further, the bill includes a provision requiring that said land be
"returned substantially to its previous state" to bring the
legislation in line with more recent alienation laws. To address the
pier foundations required for safety and compliance, the bill adopts
a standard decommissioning approach of requiring removal to at least
three feet below the surface.
EXISTING LAW:
Chapter 542 of the Laws of 1997.
JUSTIFICATION:
This change will allow the village of Round Lake to continue receipt
of lease revenues, which must be used exclusively for the purchase of
new park land and/or the improvement of existing park land. Further,
such use of this land will have no negative impact on the
environment, and in fact will provide ecological benefits at the
expiration of lease terms.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Immediately.

S T A T E O F N E W Y O R K
________________________________________________________________________
2152--A
Cal. No. 101
2011-2012 Regular Sessions
I N S E N A T E
January 18, 2011
___________
Introduced by Sen. McDONALD -- read twice and ordered printed, and when
printed to be committed to the Committee on Cultural Affairs, Tourism,
Parks and Recreation -- reported favorably from said committee,
ordered to first and second report, ordered to a third reading, passed
by Senate and delivered to the Assembly, recalled, vote reconsidered,
restored to third reading, amended and ordered reprinted, retaining
its place in the order of third reading
AN ACT to amend chapter 542 of the laws of 1997 relating to authorizing
the village of Round Lake in the town of Malta and county of Saratoga
to discontinue the use as such of certain park lands no longer needed
for park purposes and to lease the same, in relation to extending the
provisions thereof and providing for the return of such lands upon the
occurrence of certain conditions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 542 of the laws of 1997 relating to authorizing the
village of Round Lake in the town of Malta and county of Saratoga to
discontinue the use as such of certain park lands no longer needed for
park purposes and to lease the same, is amended to read as follows:
Section 1. Notwithstanding any inconsistent provisions of general,
special or local law, rule or regulation to the contrary, the village of
Round Lake in the town of Malta and county of Saratoga, acting by and
through its village board, is hereby authorized and empowered to discon-
tinue as park land and to lease, for a term not in excess of [twenty]
THIRTY years, the lands hereinafter described in section two of this
act, which had been acquired, reserved or designated by the village of
Round Lake for park and recreational purposes and are no longer needed
for said park purposes, for public utility/personal wireless facility
purposes for consideration equal to the fair market value of the inter-
est to be transferred, upon such terms and conditions as such board of
trustees may fix and determine.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.

LBD01607-02-1
S. 2152--A 2
S 2. The lands referred to in section one of this act to be discontin-
ued as park lands, which may be leased by the village of Round Lake
pursuant to the provisions of this act, are described more fully as
follows:
PROPOSED LEASE PARCEL-PARCEL ONE
All that tract or parcel of land in the Village of Round Lake, County
of Saratoga and State of New York and being more particularly bounded
and described as follows:
Commencing at a point at its intersection with the property division
line between lands now or formerly of Whitehead Brothers Company as
described in Liber 954 of deeds at page 590 on the north and lands now
or formerly of Village of Round Lake as described in Liber 873 of deeds
at page 363 on the south; thence South 50°-32'-03" East, through said
lands now or formerly of Village of Round Lake, 19.92 feet to the point
of beginning of a proposed lease parcel; thence continuing through said
lands now or formerly of Village of Round Lake the following four (4)
courses and distances:
1) South 00°-00'-00" East, 50.00 feet to a point;
2) South 90°-00'-00" West, 50.00 feet to a point;
3) North 00°-00'-00" West, 50.00 feet to a point;
4) North 90°-00'-00" East, 50.00 feet to the point and place of begin-
ning and containing 2,500 square feet or 0.06 acres, more or less.
Subject to the right of the Village of Round Lake Board of Trustees,
in its sole discretion, to reasonably relocate the said boundaries to a
location of no larger size that will not interfere with existing and
proposed water improvements and will allow for the safe and proper
construction of a communications facility.
ACCESS AND UTILITY EASEMENT-PARCEL TWO
All that tract or parcel of land in the Village of Round Lake, County of
Saratoga and State of New York and being more particularly bounded and
described as follows:
Beginning at a railroad spike in the center of Washington Avenue at
the reputed center of Bangs Road, being the centerline of a 25 foot wide
access and utility easement, and running through lands now or formerly
of The Village of Round Lake the following sixteen (16) courses and
distances:
1) South 83°-06'-55" West, 201.09 feet to a point;
2) South 79°-01'-50" West, 38.92 feet to a point;
3) South 69°-48'-20" West, 30.46 feet to a point;
4) South 62°-58'-23" West, 399.19 feet to a point;
5) South 55°-12'-41" West, 40.21 feet to a point;
6) South 67°-31'-24" West, 40.91 feet to a point;
7) South 60°-12'-34" West, 82.27 feet to a point;
8) North 72°-49'-46" West, 70.82 feet to a point;
9) North 70°-30'-20" West, 37.44 feet to a point;
10) North 66°-14'-33" West, 47.41 feet to a point;
11) North 76°-19'-02" West, 27.65 feet to a point;
12) South 82°-26'-32" West, 27.65 feet to a point;
13) South 71°-49'-19" West, 96.64 feet to a point;
14) South 61°-40'-39" West, 26.42 feet to a point;
15) South 41°-23'-20" West, 26.42 feet to a point;
S. 2152--A 3
16) South 31°-14'-40" West, 37.14 feet to the point on the easterly
boundary of a proposed lease parcel and said point being 14.95 feet
distant southerly along said easterly boundary from the northeast corner
of said proposed lease parcel, and containing 30, 792 square feet or
0.71 acres, more or less.
Subject to the right of the Village of Round Lake Board of Trustees,
in its sole discretion, to reasonably relocate the access and utility
easement to a location that will not interfere with existing and
proposed water improvements and will allow for the safe and proper
construction of an access drive.
S 3. The net proceeds from the lease of the lands described in section
two of this act shall be used by the Village of Round Lake exclusively
for the purchase of additional park land [or] AND/OR the capital
improvement of existing park and recreational facilities within such
village.
S 4. SHOULD THE LEASED LANDS DESCRIBED IN SECTION TWO OF THIS ACT
CEASE TO BE USED FOR THE PURPOSE DESCRIBED IN SECTION ONE OF THIS ACT,
THE LEASE SHALL TERMINATE AND THOSE LANDS SHALL REVERT TO THE VILLAGE OF
ROUND LAKE FOR PUBLIC PARK AND RECREATIONAL PURPOSES. AT THE TIME OF
SUCH REVERSION, THE REMOVAL OF SUCH WIRELESS COMMUNICATIONS FACILITY
SHALL TAKE PLACE AND THE PROPERTY SHALL BE RETURNED SUBSTANTIALLY TO ITS
PREVIOUS STATE, CONSISTENT WITH PARKS AND RECREATIONAL PURPOSES.
NOTWITHSTANDING THE PREVIOUS SENTENCE, FOUNDATIONS AND OTHER UNDERGROUND
STRUCTURES LOCATED THREE FEET OR MORE BELOW GRADE SHALL REMAIN ON AND IN
THE PROPERTY UPON TERMINATION OF THE LEASE.
S 5. This act shall take effect immediately.
S 2. This act shall take effect immediately.

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